If you believe you are being or have been maliciously prosecuted, it is important that you seek legal advice as soon as possible. Any criminal proceedings against you need to be concluded in your favour before starting a civil claim for malicious prosecution. However, obtaining legal assistance at the earliest opportunity may assist you in securing vital evidence which may only be available for a short period of time. This evidence may assist in both your criminal proceedings and civil claim.
We can advise you in respect of a claim for compensation as a result of you being maliciously prosecuted. We will go to great lengths to help you prove your case.
In order to succeed in a claim for malicious prosecution, you would have to establish the following five elements:
- You were prosecuted
- The prosecution was determined in your favour
- You suffered loss
- The prosecution lacked reasonable and probable cause
- The prosecution was initiated with malice
Unfortunately, the hardest element to prove in a case of malicious prosecution is malice. If there has been a mistake or negligence, it is not enough to prove malice. As you can imagine, those who are involved in securing a prosecution against an individual will go to great lengths to cover up their wrongdoing. It is therefore extremely important to obtain legal assistance from those that are experts in such claims. We will assist in requesting documents, CCTV and information that could help you to have the best possible chance of proving your case.
Some claims for malicious prosecution we have dealt with have uncovered malice such as, creating false allegations, fabricating evidence, exaggerating the incident, conversing with colleagues to produce the same account as them.
Our Experts will also be able to assist you in establishing whether prior to your prosecution, your arrest and detention was unlawful. If they were, you would also have a claim for compensation for false imprisonment and potentially other heads of claim such as assault, trespass to the person, trespass to property and personal injury, depending upon the circumstances.
If you have been the victim of malicious prosecution, please do not hesitate to contact us today and seek advice as to whether you have a grounds for bringing such a claim.
We have recently assisted an individual in bringing a malicious prosecution claim and obtaining a substantial settlement. This case has been widely reported in the media. The article for the Liverpool Echo is linked below: